Car Accident Frequently Asked Questions

We're here to help you through every step of the process

The aftermath of a car accident can be one of the most difficult times of your life. While taking time away from work and recovering from your injuries, you might have to deal with complex legal questions and insurance companies that don't want to pay you what you deserve for your crash. At Szantho Law Firm, we have extensive experience helping people injured in car accidents. That's why we compiled this information about some of the most frequently asked questions about auto accidents.

While we're happy to provide this general information, it's important to understand that that every accident is unique. To make sure your accident receives the attention it rightfully deserves, contact us to schedule your free case evaluation. We're eager to learn more about your specific accident and how we can help you. Call 866-853-2462 right now.

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I was just in a car accident. What should I do at the scene?

The actions you take immediately after your car accident involving another vehicle can make a dramatic difference. That's why it's critical that you take the following steps. Otherwise, you might not be financially reimbursed for your crash or could even face criminal charges.

Remain at the scene of your accident. If you leave, you could be arrested.

Call the police and demand they respond to your crash.

If someone appears hurt, tell the police to send an ambulance immediately.

If your car is not obstructing traffic, leave it right where it is until the police arrive.

If your car is not in a safe place, take a photograph of your accident, then move your vehicle.

Exchange insurance information with the other driver.

If someone saw your accident, talk to them. And make sure you get the witness's contact information (full name, phone number and address).

Take photographs of your accident. Take pictures of skid marks, property damage and anything else at the accident scene. This evidence can be a critical part of your case and can disappear quickly.

When talking to the other drivers, witnesses or the police, stick to the facts. Don't make any statements admitting fault, even if you think you were at fault. You're likely not in a good position to judge. Anything you say could be used against you in the future.

Call your insurance company as soon as possible to report the accident, but again, stick to the facts and don't admit liability.

Do I need to see a doctor after my car accident?

Yes. Make sure you see a doctor as soon as possible, even if you feel fine. Accidents often cause internal injuries that can take days or weeks to become readily apparent. Being evaluated by a medical professional right away is the best decision for your health. Also, if you wait to see a doctor, an insurance company might use that delay against you and attempt to deny your claim for benefits.

How can a lawyer help me prove the other driver was at fault?

In order to collect damages for an accident, you need to prove that you were injured as a result of another driver's negligence. Irresponsible drivers cause accidents for many reasons, including speeding, distracted driving, drunk driving, reckless driving and falling asleep at the wheel. Each type of negligence has particular types of evidence that we carefully look for after every single accident. As your attorney, we will aggressively investigate your accident and find the facts you need to prove the other driver was at fault. It's also important to understand that waiting to take legal action could jeopardize the outcome of your case. Evidence can disappear quickly. Witnesses sometimes change their stories. That's why we act fast to collect evidence and aggressively pursue leads.

For instance, we often look at the pattern of skid marks at an accident site. Those skid marks can indicate if the other driver was speeding, driving erratically or crossed the center line before your accident. If there aren't any skid marks, the other driver could have been asleep or texting while driving and didn't even attempt to stop. We also regularly interview eyewitnesses or review their statements, especially if they reported seeing the driver weaving, which may indicate drunk driving or distracted driving. Our legal team also often pores over police reports and other documents for signs that the other driver may have been speeding or otherwise disobeying traffic laws. Every piece of evidence matters. And the more we find, the better our ability to obtain a sizable settlement or judgment in your favor.

I was in a rear-end accident and the other driver was clearly at fault. Do I still need an attorney?

Rear-end collisions often seem straightforward at first. Another driver crashed into the back of your car. End of story, right? Don't be so sure. Often, insurance companies will use a wide range of tactics to reduce or deny your claim. For example, they may argue that because the collision happened at a low speed, your injuries couldn't be due to your accident. That's why it's critical that you have an aggressive attorney on your side, fighting for your best interests. Attorney Andras Szantho has the discipline, determination and experience you need to stand up to the insurance companies. We know how the system works and we will not rest until justice is served.

How much is my car accident claim worth?

There's no set amount of damages for car accidents. Each one is different. That's why it's important that you have an experienced attorney with a strong track record of success. Depending on the circumstances of your accident and the injuries you or a loved one sustained, you could be entitled to thousands or even millions of dollars in compensation.

Common injuries that often result in large claims include:

Brain injury

Spinal cord injury

Back injury

Neck injury

Broken bones

Whiplash

In each case, you may be entitled to compensation for past and future medical bills, physical therapy and lost wages while recuperating. If you sustain a permanent disability or disfigurement, you may be entitled to further compensation for lost earning potential or quality of life. Compensation for pain and suffering can also be substantial, especially if the accident leaves you with chronic pain. In addition to these medical-related costs, your auto accident claim could include property damage and other costs directly related to your accident, such as towing and storage.

And worst of all, many insurance companies are constantly looking to pay accident victims as little money as possible to settle claims. They often prey upon drivers' unfamiliarity with the system and deliberately overlook some sources of compensation in order to reduce their own liability. That's why you need our law firm on your side. We can review all the circumstances surrounding your case and fight for every dollar you're owed.

Should I answer questions from the other driver's insurance company?

Absolutely not. We advise you to be wary when dealing with your own insurance company, and they're at least nominally on your side. The other driver's insurance company is there to protect their client and their own financial interests. Any information they get from you will likely be used against you. If the other driver's insurance company calls you, call us right away. Get attorney Andras Szantho on your side, and direct the insurance company to talk to us.

Should I take a settlement offer from the insurance company?

Most insurance companies look for any way to pay accident victims as little as possible. If they offer you a settlement soon after your accident, it's probably because they want you to take it before you have enough time to carefully review your case. Many drivers find themselves stuck with thousands of dollars in medical expenses and car repairs bills because they settled for less money than they actually needed or deserved.

Don't accept a settlement offer until you've completed your medical treatment. Otherwise, there may be additional medical costs that aren't included in your settlement. Instead, contact our law firm. We can carefully review your offer with you before you decide whether to accept it. Often, the initial settlement offer from an insurance company turns out to be much less than they're willing to pay. We know how to demand more money. And if the insurance company doesn't cooperate, we're prepared to take them to court and fight for your rights.

The driver who hit me doesn't have insurance. Now what?

Even though car insurance is mandatory in New Mexico, many drivers choose to drive without insurance. If one of those drivers causes an accident, you may have no way of getting damages (financial compensation) from them. You could also be involved in an accident with a driver who does have insurance, but doesn't have enough coverage to pay your claim.

If you have uninsured or underinsured motorist coverage on your policy, you may be able to collect damages from your own insurance. The uninsured driver may also be covered under a spouse's or employer's policy. Nevertheless, cases involving uninsured and underinsured can be very complicated and challenging to handle. We can help you make sure your insurance company provides the coverage and assistance you need after your accident.

Why do I need to contact you right away?

Filing a car accident claim is a time-sensitive process. There are strict deadlines that need to be met. Otherwise, you may lose your right to sue for damages. In most cases, you have up to 3 years in New Mexico to take legal action after your accident. Just as important, evidence can disappear quickly after an accident. Physical evidence often gets cleaned up. Witnesses' memories fade. The sooner you contact us, the sooner we can begin investigating your accident and building a strong case.

Any statements you make to another driver, a witness, a police officer or an insurance company can be used against you in the future. Once you have us working for you, you can direct any requests for comments about your accident to us. We have years of experience dealing with insurance companies and know which information can be potentially damaging to your case. Finally, keep in mind that insurance companies are always looking to settle claims for as little as possible and keep cases from going to trial. We're not afraid to go to court. We know how to stand up to insurance companies and win. That's why we're eager to meet with you.

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Rear-End Crash

Rear-end collisions sometimes happen on the highway, but they are more common on busy streets and areas where traffic slows down, such as work zones. They also happen at crosswalks - one driver stops for a pedestrian, but the driver behind doesn't. A growing number of rear-end accidents are caused by drivers who are distracted or texting, even through texting while driving is against the law in New Mexico.

Your rear-end collision may seem straightforward. The driver who hit you from behind might appear to be automatically at fault. But insurance companies often see things differently and will do everything they can to avoid paying your claim. They may argue that because the accident happened at a low speed, there's no way you were seriously injured. That's why you need attorney Andras Szantho on your side. He will aggressively investigate your rear-end accident and stand up to the insurance companies.

Distracted Driver Injury Center

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Distracted Driver

All drivers have a responsibility to keep their eyes on the road and keep themselves and others safe. In recent years, we've seen thousands of drivers fail in that responsibility by texting and driving, often leading to rear-end collisions. Drivers also cause accidents while talking on their cell phones, adjusting the radio or eating behind the wheel, to name a few common distractions.

In order to collect damages (financial compensation) in an accident involving a distracted driver, you may need to prove that the other motorist was distracted. Our legal team can thoroughly investigate your case, using eyewitness reports, the other driver's own statements and any documents such as cell phone records that might show that distracted driving was a contributing factor in your accident. We'll help you hold the irresponsible driver who hurt you accountable.

Speeding Injury Center

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Speeding

Speed limits exist for a reason. At high speeds, vehicles become harder to stop and turn, making collisions more likely. A high-speed crash is also more likely to cause massive property damage and crippling injuries than low-speed accidents. That's why speeding remains one of the leading causes of death in car accidents in New Mexico. One-third (129 deaths) of all motor vehicle fatalities in New Mexico in 2014 involved speeding drivers.

Showing that the other driver was speeding can be the key to collecting damages (financial compensation) in a car accident case. As your attorney, we'll aggressively investigate your accident in search of the truth - from gathering eyewitness accounts to reviewing police reports, analyzing road conditions and other important information that proves the other driver was driving too fast. If necessary, we're even prepared to take your case to trial on your behalf.

T-Bone Collision Injury Center

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T-Bone Collision

The term "T-bone" refers to a type of side-impact car crash in which one vehicle hits another at a right angle, forming a T. These accidents often happen at intersections when one driver runs a red light or stop sign, hitting another vehicle in the side. In many instances, broadside accidents such as T-bone collisions result in serious injuries or death.

At Szantho Law Firm, we know how to prove that the driver who hit you was at fault. We then use that information to help you collect all of the compensation you're owed. Even after an accident as serious as a T-bone collision, your insurance company might try to argue that your injuries were due to a preexisting condition or pressure you to accept a smaller settlement that doesn't even come close to covering the costs of your accident. Insurance companies don't scare us. We'll stand up to them and aggressively fight for your rights.

Drunk Driving Injury Center

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Drunk Driving

The dangers of driving drunk have been well-documented for decades. Even so, some drivers choose to get behind the wheel while drunk or under the influence of drugs. Drunk drivers often erratically change speeds, weave in and out of traffic and even drive on the wrong side of the road, putting everyone on the road at serious risk. Drunk drivers also frequently cause fatal car accidents. Each year, roughly 30 percent of traffic fatalities in New Mexico are caused by drunk drivers.

Drunk driving accidents might seem straightforward. But they often turn out to be much more complicated than many people first expected. That's because you often need to prove that the drunk driver was responsible for your accident. That's why you need us on your side, fighting for your rights. Our investigation often includes eyewitness reports, police reports and anything in the other driver's statements that indicates that he or she was intoxicated at the time of the accident. We also often track down the the person who supplied the driver with alcohol. And depending on the circumstances, that individual may be liable for damages as well. Simply contact us. We'll take care of everything.

Uninsured/Underinsured Driver Hit Me Injury Center

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Uninsured/Underinsured Driver Hit Me

Auto insurance is mandatory in New Mexico and throughout most of the United States. Even so, millions of people choose to put themselves and others at risk by driving without insurance. Each year, an estimated 12 percent of car accidents are caused by uninsured drivers nationwide. That's especially true in New Mexico, which regularly ranks among the states with the highest percentage of uninsured motorists. And even if the driver who hit you does have insurance, he or she may not have enough coverage to pay all of your expenses.

After an accident with an uninsured or underinsured driver, your legal situation can quickly become very complicated. If you have uninsured or underinsured motorist coverage, you should be covered by your own insurance. But getting the money you rightfully deserve for such claims can often be very difficult. Insurance companies often do everything they can to avoid compensating drivers. Another possible complication - the other driver might be covered under a family member's or employer's insurance. Cut through the confusion. Contact attorney Andras Szantho. He knows how to win.

Hit and Run Injury Center

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Hit and Run

Leaving the scene of an accident is a serious crime in New Mexico, and there's never a good reason to do so. Still, some drivers choose to drive away instead of stopping to exchange insurance information as required by law. Why would another driver flee the scene of an accident? Sometimes, it's because the don't have a driver's license. Other times, they have an outstanding arrest warrant or they're in the midst of some other illegal activity.

Fortunately, you have legal options, even if the driver who hit your car is never found. By law, hit-and-run drivers are considered uninsured by default, so you should be covered under your uninsured motorist coverage if you have it. Our legal team can help you review all your options and fight for the compensation you deserve in the wake of a hit-and-run accident. If it wasn't your fault, you shouldn't have to pay, even if the responsible party gets away. Simply contact our law firm right now. We're prepared to do the hard work that needs to be done to build a strong legal case.

Intersection Accident Injury Center

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Intersection Accident

Intersections are common places for many different types of accidents. Side-impact crashes often take place when one vehicle runs a red light or stop sign, colliding into the side of another vehicle. Drivers turning left at an intersection are sometimes hit by an oncoming car. Rear-end collisions are also common, especially when a driver stops for a red light or a pedestrian and the driver behind does not slow down.

If you were obeying the traffic laws at an intersection and were hit due to someone else's negligence, you deserve justice. We have years of experience handling complicated intersection accidents. As your attorney, we can investigate the circumstances surrounding your crash and gather evidence proving the other driver was at fault. We take an aggressive approach towards every accident. We'll stand up to the insurance companies and make sure you receive all of the compensation you're owed after your collision.